HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.32086 of 2014 Date : 26-12-2014 Between :
Mada Vithal ..
Petitioner And The Deputy Registrar of Co-operative Societies/Divisional Co-operative Officer, Bodhan, Nizamabad District and others .. Respondents Counsel for petitioner : Mr. Nandigam Krishna Rao Counsel for respondent Nos.1 to 4 : Assistant Government Pleader for Co-operation Counsel for respondent No.5 : Mr. Komatireddy Venkata Narasimha Reddy The Court made the following:
ORDER:
This Writ Petition is filed for a mandamus to declare proceedings Rc.No.585/2014-B, dated 15-10-2014 whereby the respondents have been proposing to hold meeting of the Managing Committee for moving No Confidence Motion against the petitioner on 31-10-2014 as illegal and in violation of principles of natural justice.
This Court, by order dated 28-10-2014 granted stay of announcement of the result while permitting the respondents to proceed with the No Confidence Motion scheduled to be held on 31-10-2014.
A detailed counter-affidavit has been filed on behalf of the respondents. A reply affidavit also is filed by the petitioner.
After a full length argument, Mr. Nandigam Krishna Rao, learned counsel for the petitioner, submitted that as the factum of service of the notice of No Confidence Motion on the petitioner and some other members has become a seriously disputed question of fact in view of the stand taken by the respondents in the counter-affidavit that notices were served on the petitioner and others on 16-10-2014 itself, his client may be left free to avail the remedy of appeal under Section 76 of the A.P. Co-operative Societies Act, 1964 in the event the result of the No Confidence Motion goes against him.
In the light of the above submission of the learned counsel, without adjudicating on the issue whether 15 days clear notice was served on the petitioner or not, the Writ Petition is dismissed, with liberty in terms of the prayer made.
As a sequel to the dismissal of the Writ Petition, interim order dated 28-10-2014 stands vacated and WPMP Nos.40122, 42947 and 50072 of 2014 and WVMP No.3463 of 2014 are disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 26-12-2014 AM